How to get an open work permit for your spouse or partner during the sponsorship process
How to get an open work permit for your spouse or partner? When sponsoring your spouse, common-law, or conjugal partner for Canadian permanent residence, your partner may be eligible to obtain an open work permit (OWP).
The sponsored person can only apply for this OWP after you have submitted your application to sponsor them for Permanent Residence (PR). They must apply for the OWP from within Canada.
If your partner obtains an OWP, they will be legally authorized to work for most employers in most industries in Canada.
Sponsor your family for Canadian immigration.
For more information on the sponsorship process, read our previous articles on assessing your eligibility and a step-by-step breakdown of the PR application procedure.
Who can apply to receive an OWP during the sponsorship process?
Both the Spouse or Common-Law Partner in Canada Class (Inland) and Family Class (Outland) sponsorship applications give the sponsored person the ability to apply for an Open Work Permit (OWP) if they are in Canada.
To be eligible to receive an OWP, your loved one must be:
- In a genuine relationship with the sponsor;
- Included in an application for PR and have received an Acknowledgment of Receipt (AOR) for their PR application from Immigration Refugees and Citizenship Canada (IRCC), confirming that IRCC has received and is processing the application; and
- Living in Canada with the sponsor.
Individuals who are being sponsored for PR cannot apply for an OWP under this policy if
- Their PR application has been refused, withdrawn, or returned, or
- They plan to apply for a work permit at a port of entry.
This process is different depending on whether the sponsored person already has valid temporary resident status in Canada or not:
Spouse or partner’s temporary status procedure
The spouse or partner has valid temporary status (Work permit, study permit, or visitor visa/electronic travel authorization (eTA)) Spouses or partners with valid temporary resident status can apply for an OWP through an IRCC secure account once they receive an Acknowledgment of Receipt (AOR) from IRCC regarding their PR sponsorship application.
In exceptional circumstances, IRCC may allow the sponsored person to apply for a work permit without an AOR if:
– Their temporary resident status is set to expire in two weeks or less, and
– They have already submitted their application to be sponsored for PR.
Spouses do not currently have temporary status in Canada. If the spouse or partner being sponsored does not currently have temporary status, they must wait until they’ve received approval in the principal letter before applying for an OWP.
In addition, the sponsored person cannot apply for an OWP under any other public policy or pilot program.
Suppose you have applied to sponsor your spouse or partner through the Spouse or Common-Law Partner in Canada Class (Inland sponsorship) and have submitted an application for an OWP. In that case, the OWP application will typically be processed within four months.If you have submitted your sponsorship application and received an AOR from IRCC, your spouse or partner may be eligible for faster visitor visa processing. If your loved one has submitted their application and received an AOR from IRCC, your spouse or partner can automatically receive expedited visitor visa processing.
Applications that require more information (for example, child custody documents) may take longer for the immigration department to process.
Once the sponsored person has gained temporary resident status, they may be eligible to apply for an OWP after arriving in Canada.
How to apply for an OWP for your loved one
Once an application to sponsor your loved one for PR has been submitted, and your loved one is in Canada, they will need to sign in or create an IRCC secure account to apply for an OWP online (this is different from the PR portal account used to apply for PR initially).
Once signed into a secure account, your loved one must answer questions about their current situation and what kind of work permit they want to apply for to receive a personalized document checklist. This checklist should have all the documents needed for the OWP application.
If you use an immigration representative, they can submit a work permit application for your loved one through the Authorized Paid Representative Portal.
A note on filling out the “Details of intended work in Canada section”
How to get an open work permit for your spouse or partner
IRCC advises that spouses and partners who apply for an OWP during the sponsorship process should answer the following questions in the “Details of intended work” section of the OWP application accordingly
After submitting your application
Your spouse will not be legally authorized to work in Canada until they have been issued their OWP—unless approved otherwise.
While your spouse or partner waits for their open work permit to be processed, they must maintain legal status as a temporary resident in Canada.
They must wait to begin work until IRCC successfully issues the OWP.
Suppose your spouse or partner already has a Canadian work permit. In that case, they may continue working as long as they maintain their status by applying for an OWP before their current work permit expires.
If their application for an OWP is successful, IRCC will mail a confirmation online and the work permit. Your spouse can begin working when they have the OWP in hand.
If their application for an OWP is refused, IRCC will return it and refund the OWP-holder fee paid with the work permit application submission.
FAQ
1. What is an Open Work Permit (OWP) in the sponsorship process?
An Open Work Permit (OWP) allows the sponsored spouse or partner to work for most employers in Canada without needing a specific job offer. At the same time, their permanent residence (PR) application is being processed.
2. When can my spouse or partner apply for an OWP?
Your spouse or partner can apply for an OWP after you have submitted their sponsorship application for permanent residence (PR) and received an Acknowledgment of Receipt (AOR) from Immigration, Refugees and Citizenship Canada (IRCC). They must also be living in Canada with you.
3. Can my spouse or partner apply for an OWP without temporary resident status in Canada?
Suppose your spouse or partner does not currently have temporary resident status (e.g., work permit, study permit, or visitor visa). In that case, they must wait until they receive approval in the principal letter from IRCC before applying for an OWP.
4. How can my spouse or partner apply for an OWP online?
To apply for an OWP online, your spouse or partner must:
- Sign in or create a secure IRCC account.
- Answer questions to receive a personalized document checklist.
- Submit all required documents and application fees through the secure account.
5. Can my spouse work while waiting for their OWP to be processed?
Your spouse or partner must wait until IRCC successfully issues the OWP. If they already have a valid Canadian work permit, they may continue working as long as they maintain their status and apply for an OWP before their current license expires.
6. How long does it take for IRCC to process an OWP?
OWP applications under the sponsorship process are typically processed within four months. However, applications requiring additional documents, such as child custody records, may take longer.
7. What happens if the OWP application is refused?
If IRCC refuses the application, they will return it and refund the OWP-holder fee paid during the submission.
8. In exceptional cases, Can my spouse apply for an OWP without an AOR?
Yes, IRCC may allow an application without an AOR if your spouse’s temporary resident status is set to expire in two weeks or less and the PR sponsorship application has already been submitted.
9. Does my spouse need to maintain temporary resident status while waiting for the OWP?
Your spouse must maintain legal temporary resident status in Canada (e.g., visitor visa, work permit, or study permit) while their OWP is being processed